I 

116TH CONGRESS 

1ST SESSION H. R. 3106 

To require a joint domestic terrorism report, establish within the Department 

of Homeland Security a National Center for the Study of Domestic 

Terrorism, authorize research within the Department of Homeland Security on current trends in domestic terrorism, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2019 

Mr. THOMPSON of Mississippi (for himself, Ms. JACKSON LEE, Mr. LANGEVIN, Mr. RICHMOND, Mr. PAYNE, Miss RICE of New York, Mr. 

CORREA, Ms. UNDERWOOD, Mr. ROSE of New York, Ms. SLOTKIN, Mr. 

CLEAVER, Mr. GREEN of Texas, Ms. CLARKE of New York, Ms. TITUS, 

Mrs. WATSON COLEMAN, Ms. BARRAGA ́N, Mrs. DEMINGS, Ms. TORRES

SMALL of New Mexico, and Mr. PASCRELL) introduced the following bill; 

which was referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require a joint domestic terrorism report, establish within 

the Department of Homeland Security a National Center 

for the Study of Domestic Terrorism, authorize research 

within the Department of Homeland Security on current 

trends in domestic terrorism, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Domestic Terrorism 

3 Documentation and Analysis of Threats in America Act’’ 

4 or the ‘‘Domestic Terrorism DATA Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means the Committee on Homeland Secu10 rity, the Committee on the Judiciary, and the Per11 manent Select Committee on Intelligence of the 

12 House of Representatives and the Committee on 

13 Homeland Security and Governmental Affairs, the 

14 Committee on the Judiciary, and the Select Com15 mittee on Intelligence of the Senate. 

16 (2) DIRECTOR.—The term ‘‘Director’’ means 

17 the Director of the Federal Bureau of Investigation. 

18 (3) DOMESTIC TERRORISM.—The term ‘‘domes19 tic terrorism’’ has the meaning given the term in 

20 section 2331 of title 18, United States Code. 

21 (4) HATE CRIME.—The term ‘‘hate crime’’ 

22 means criminal offenses committed in violation of 

23 sections 241, 245, 247, and 249 of title 18, United 

24 States Code, and section 3631 of title 42, United 

25 States Code. 


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1 (5) HISPANIC-SERVING INSTITUTION.—The 

2 term ‘‘Hispanic-serving institution’’ has the meaning 

3 given such term in section 502(a) of the Higher 

4 Education Act of 1965 (20 U.S.C. 1101a(a)). 

5 (6) HISTORICALLY BLACK COLLEGES AND UNI6 VERSITIES.—The term ‘‘historically black colleges 

7 and universities’’ means a part B institution de8 scribed in section 322(2) of the Higher Education 

9 Act of 1965 (20 U.S.C. 1061(2)). 

10 (7) INSTITUTION OF HIGHER EDUCATION.—The 

11 term ‘‘institution of higher education’’ has the 

12 meaning given such term in section 101 of the High13 er Education Act of 1965 (20 U.S.C. 1001). 

14 (8) INTERNATIONAL TERRORISM.—The term 

15 ‘‘international terrorism’’ has the meaning given 

16 such term in section 2331 of title 18, United States 

17 Code. 

18 (9) MINORITY-SERVING INSTITUTIONS.—The 

19 term ‘‘minority-serving institutions’’ means an insti20 tution of higher education described in section 

21 371(a) of the Higher Education Act of 1965 (20 

22 U.S.C. 1067q(a)). 

23 (10) ONLINE PLATFORM.—The term ‘‘online 

24 platform’’ means any public-facing website, web ap25 plication, or digital application, including a mobile 


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1 application, and includes a social network, an ad 

2 network, a search engine, or an email service. 

3 (11) PERSONALLY IDENTIFIABLE INFORMA4 TION.—The term ‘‘personally identifiable informa5 tion’’ means any information about an individual 

6 elicited, collected, stored, or maintained by an agen7 cy, including the following: 

8 (A) Any information that can be used to 

9 distinguish or trace the identity of an indi10 vidual, such as a name, a social security num11 ber, a date and place of birth, a mother’s maid12 en name, or biometric records. 

13 (B) Any other information that is linked or 

14 linkable to an individual, such as medical, edu15 cational, financial, or employment information. 

16 (12) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Homeland Security. 

18 (13) TRIBALLY CONTROLLED COLLEGE OR UNI19 VERSITY.—The term ‘‘tribally controlled college or 

20 university’’ has the meaning given such term in sec21 tion 2 of the Tribally Controlled Colleges and Uni22 versities Assistance Act of 1978 (25 U.S.C. 1801). 


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1 TITLE I—FEDERAL EFFORTS 

2 AGAINST DOMESTIC TERRORISM 

3 SEC. 101. JOINT DOMESTIC TERRORISM REPORT. 

4 (a) ANNUAL REPORT REQUIRED.—Not later than 

5 180 days after the date of the enactment of this Act and 

6 annually thereafter for five years, the Secretary, the Attor7 ney General, and the Director shall submit to the Comp8 troller General of the United States and the appropriate 

9 congressional committees a joint report on domestic ter10 rorism. 

11 (b) CONTENTS.— 

12 (1) IN GENERAL.—Each report submitted 

13 under subsection (a) shall include the following: 

14 (A) All guidance, policy memos, and re15 lated documents regarding the following: 

16 (i) The criteria for opening a domestic 

17 terrorism investigation, including any 

18 standards of proof required before opening 

19 such investigation. 

20 (ii) Sharing of domestic terrorism in21 formation across law enforcement agencies. 

22 (iii) Federal requirements and compli23 ance with privacy, civil rights, and civil lib24 erties policies and protections, including 

25 protections against the public release of 


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1 the names or personally identifiable infor2 mation of individuals involved in incidents, 

3 investigations, indictments, prosecutions, 

4 or convictions for which data is reported 

5 under this section. 

6 (B) A description of the methodology uti7 lized to identify domestic terrorism investigative 

8 classifications (including any subcategories) and 

9 to assign an investigative classification (includ10 ing any subcategory) to a domestic terrorism 

11 incident. 

12 (C) The information required under para13 graph (2). 

14 (2) INFORMATION ON DOMESTIC TERRORISM.— 

15 Except as provided in subparagraph (A), each report 

16 submitted under subsection (a) shall include infor17 mation on domestic terrorism incidents, including, 

18 with respect to each investigative classification (in19 cluding any subcategory) of each such incident, the 

20 number and type of actual and attempted property 

21 crimes, the number and type of actual and at22 tempted attacks on persons, the number of people 

23 injured, and the number of people killed, and— 

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1 rorism that have occurred in the United States 

2 since April 19, 1995, disaggregated by fiscal 

3 year, including, with respect to each such inci4 dent, the number and type of property crimes, 

5 the number and type of actual and attempted 

6 attacks on persons, the number of people in7 jured, and number of people killed; and 

8 (B) in each subsequent report for the pre9 ceding fiscal year— 

10 (i) data on incidents or attempted in11 cidents of domestic terrorism that occurred 

12 in the United States, including, with re13 spect to each such incident, the number 

14 and type of actual and attempted property 

15 crimes, the number and type of actual and 

16 attempted attacks on persons, the number 

17 of people injured, and the number of peo18 ple killed; and 

19 (ii) the number of— 

20 (I) assessments, preliminary in21 vestigations, and full investigations 

22 with a domestic terrorism nexus initi23 ated by the Federal Bureau of Inves24 tigation, including the number of such 

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1 mestic terrorism investigative classi2 fication (including any subcategories), 

3 and the number of such investigations 

4 that were initiated as a result of a 

5 hate crime investigation; 

6 (II) indictments with a domestic 

7 terrorism nexus, including the number 

8 of such indictments associated with 

9 each domestic terrorism investigative 

10 classification (including any subcat11 egories), and an explanation of each 

12 such indictment; 

13 (III) prosecutions with a domes14 tic terrorism nexus, including the 

15 number of such prosecutions associ16 ated with each domestic terrorism in17 vestigative classification (including 

18 any subcategories), and an expla19 nation of each such prosecution; and 

20 (IV) convictions with a domestic 

21 terrorism nexus, including the number 

22 of such convictions associated with 

23 each domestic terrorism investigative 

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1 egories), and an explanation of each 

2 such conviction; and 

3 (iii) the number of full-time staff, in4 cluding position descriptions, employed by 

5 the Department of Homeland Security and 

6 the Department of Justice to handle do7 mestic terrorism-related matters described 

8 in subclauses (I) through (IV) of clause 

9 (ii). 

10 (c) FORMAT.—The information required pursuant to 

11 subclauses (I) through (IV) of subsection (b)(2)(B)(ii) 

12 may be provided in a format that uses the marking associ13 ated with the Central Records System or any successor 

14 system. 

15 (d) INFORMATION QUALITY.—Each report submitted 

16 under subsection (a) shall comply with the guidelines 

17 issued by the Director of the Office of Management and 

18 Budget pursuant to section 515 of title V of the Consoli19 dated Appropriations Act, 2001 (Public Law 106–554; 

20 114 Stat. 2763A–154) (commonly referred to as the 

21 ‘‘Data Quality Act’’). 

22 (e) CLASSIFICATION AND PUBLIC RELEASE.—Each 

23 report submitted under subsection (a) shall be— 

24 (1) unclassified with a classified annex only if 

25 necessary; and 


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1 (2) in the case of the unclassified portion of 

2 each such report, posted on the public websites of 

3 the Department of Homeland Security, the Depart4 ment of Justice, and the Federal Bureau of Inves5 tigation. 

6 SEC. 102. ANNUAL COMPTROLLER GENERAL AUDIT OF 

7 JOINT REPORT ON DOMESTIC TERRORISM. 

8 (a) REVIEWS REQUIRED.—Not later than 180 days 

9 after each submission of a joint report on domestic ter10 rorism under section 101(a) and for five years thereafter, 

11 the Comptroller General of the United States shall submit 

12 to the appropriate congressional committees an audit of 

13 each such report. 

14 (b) ELEMENTS OF REVIEW.—In conducting each 

15 audit under subsection (a), the Comptroller General of the 

16 United States shall— 

17 (1) use standard methodology and reporting 

18 formats in order to identify, demonstrate, and dis19 play any changes over time, including relating to the 

20 number of investigations, indictments, prosecutions, 

21 convictions, and full-time staff between report sub22 missions; 

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1 erties policies and protections set forth in section 

2 101(b)(1)(B)(iii); 

3 (3) evaluate all guidance, policy memos, and re4 lated documents utilized to decide to initiate inves5 tigations with a domestic terrorism nexus; and 

6 (4) include any other subject matter the Comp7 troller General determines appropriate. 

8 (c) ACCESS TO RELEVANT DATA.—The Attorney 

9 General, the Director, and the Secretary shall ensure that 

10 the Comptroller General of the United States has access 

11 to all data necessary to conduct each audit under sub12 section (a). 

13 TITLE II—HOMELAND SECURITY 

14 EFFORTS AGAINST DOMESTIC 

15 TERRORISM 

16 SEC. 201. NATIONAL CENTER FOR THE STUDY OF DOMES17 TIC TERRORISM. 

18 (a) INCLUSION OF CRITERIA FOR DESIGNATION.— 

19 Subparagraph (B) of section 308(b)(2) of the Homeland 

20 Security Act of 2002 (6 U.S.C. 188(b)(2)) is amended— 

21 (1) in the matter preceding clause (i), by strik22 ing ‘‘, but are not limited to, demonstrated expertise 

23 in—’’ and inserting ‘‘demonstrated expertise in any 

24 of the following:’’; and 


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1 (2) by adding at the end the following new 

2 clause: 

3 ‘‘(xv) Domestic terrorism.’’. 

4 (b) ESTABLISHMENT.—The Secretary, acting 

5 through the Under Secretary for Science and Technology 

6 of the Department of Homeland Security, shall establish 

7 in the Department a National Center for the Study of Do8 mestic Terrorism to conduct research and education ac9 tivities relating to the following: 

10 (1) Establishment of a public database of ac11 tual and attempted acts of domestic terrorism that 

12 does not include non-public personally identifiable 

13 information. 

14 (2) Advanced research regarding current and 

15 emerging trends in domestic terrorism. 

16 (c) LEAD INSTITUTION; CONSORTIUM.—The Sec17 retary, acting through the Under Secretary for Science 

18 and Technology of the Department of Homeland Security, 

19 shall select an institution of higher education to serve as 

20 the lead institution participating in the National Center 

21 for the Study of Domestic Terrorism established pursuant 

22 to subsection (a) and, such lead institution shall, at the 

23 direction of the Under Secretary, execute agreements with 

24 other institutions of higher education that the Under Sec25 retary determines meet the criteria for selection to develop 


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1 a consortium to assist in accomplishing the goals of the 

2 National Center for the Study of Domestic Terrorism es3 tablished under subsection (b). 

4 (d) REPRESENTATION.—In selecting an institution of 

5 higher education for participation in the consortium re6 ferred to in subsection (c), the Secretary shall ensure par7 ticipation from a representative number of historically 

8 black colleges and universities, Hispanic-serving institu9 tions, and tribally controlled colleges and universities. 

10 (e) PRIVACY.—The non-public personally identifiable 

11 information of any individual involved in any activity with 

12 respect to which data is included in the database estab13 lished under subsection (a) may not be released to the 

14 public. 

15 (f) ANNUAL REPORTS.—The lead institution under 

16 subsection (c) shall submit to the Under Secretary for 

17 Science and Technology of the Department of Homeland 

18 Security an annual report setting forth the activities of 

19 the National Center for the Study of Domestic Terrorism 

20 for the prior year, including symposia, trainings, and pub21 lications, as well as the contributions of consortium part22 ners with respect to each activity. The Under Secretary 

23 for Science and Technology shall submit to the Committee 

24 on Homeland Security of the House of Representatives 

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1 mental Affairs of the Senate each such annual report, to2 gether with information on expenditures of funding for the 

3 National Center for the Study of Domestic Terrorism. 

4 SEC. 202. RESEARCH ON DOMESTIC TERRORISM. 

5 (a) IN GENERAL.—The Secretary, acting through the 

6 Under Secretary for Science and Technology of the De7 partment of Homeland Security, shall research current 

8 and emerging trends in domestic terrorism. 

9 (b) REPORT.—Not later than 180 days after the date 

10 of enactment of this Act and annually thereafter, the 

11 Under Secretary for Science and Technology of the De12 partment of Homeland Security shall submit to the Com13 mittee on Homeland Security of the House of Representa14 tives and the Committee on Homeland Security and Gov15 ernmental Affairs of the Senate a report on international 

16 terrorism with a nexus, including an ideological or other 

17 relationship, with a current trend in domestic terrorism 

18 in the United States. Each such report shall take into con19 sideration acts that resulted in indictment, prosecution, or 

20 conviction, and any patterns among such terrorist acts. 

21 (c) CONTENTS.—Each report submitted under sub22 section (b) shall include the following: 

23 (1) Information on international terrorism with 

24 ideological, financial, logistical, or other connections 

25 to domestic terrorism. 


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1 (2) Information on trends in the use of online 

2 platforms for such terrorism. 

3 (3) Strategies that foreign governments have 

4 undertaken to counter such terrorism. 

5 (4) The potential benefits and risks of imple6 menting such strategies in the United States, includ7 ing any potential harm to local communities, pri8 vacy, civil rights, civil liberties, and safety. 

9 TITLE III—AUTHORIZATION OF 

10 APPROPRIATIONS 

11 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated $20,000,000 

13 for each of fiscal years 2020 through 2026 to carry out 

14 this Act, of which $1,000,000 is authorized to be appro15 priated for each of such fiscal years for the completion 

16 of the joint reports on domestic terrorism under section 

17 101, $18,000,000 is authorized to be appropriated for 

18 each of such fiscal years for the National Center for the 

19 Study of Domestic Terrorism established in the Depart20 ment of Homeland Security pursuant to section 201, and 

21 $1,000,000 is authorized to be appropriated for each of 

22 such fiscal years to carry out section 202. 

Æ 


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